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Income Taxes
12 Months Ended
Dec. 31, 2011
Income Taxes [Abstract]  
Income Taxes
6.  Income Taxes

COLI - In 2007, Xcel Energy Inc., PSCo and the U.S. government settled an ongoing dispute regarding PSCo's right to deduct interest expense on policy loans related to its COLI program that insured lives of certain PSCo employees.  These COLI policies were owned and managed by PSRI.  Xcel Energy Inc. and PSCo paid the U.S. government a total of $64.4 million in settlement of the U.S. government's claims for tax, penalty and interest for tax years 1993 through 2007.  Xcel Energy Inc. and PSCo surrendered the policies to its insurer on Oct. 31, 2007, without recognizing a taxable gain.  As a result of the settlement, the lawsuit filed by Xcel Energy Inc. and PSCo in the U.S. District Court was dismissed and the Tax Court proceedings were dismissed in December 2010 and January 2011.
 
As part of the Tax Court proceedings, during 2010, an agreement in principle of Xcel Energy Inc.'s and PSCo's statements of account was reached, dating back to tax year 1993.  Upon completion of this review, PSRI recorded a net non-recurring tax and interest charge of approximately $9.4 million. Upon final cash settlement in 2011, Xcel Energy received $0.7 million and recognized a further reduction of expense of $0.3 million.  A closing agreement covering tax years 2003 through 2007 was finalized with the IRS in January 2012.
 
In 2010, Xcel Energy Inc., PSCo and PSRI entered into a settlement agreement with Provident related to all claims asserted by Xcel Energy Inc., PSCo and PSRI against Provident in a lawsuit associated with the discontinued COLI program.  Under the terms of the settlement, Xcel Energy Inc., PSCo and PSRI were paid $25 million by Provident and Reassure America Life Insurance Company in 2010.  The $25 million proceeds were not subject to income taxes.

Medicare Part D Subsidy Reimbursements - In March 2010, the Patient Protection and Affordable Care Act was signed into law.  The law includes provisions to generate tax revenue to help offset the cost of the new legislation.  One of these provisions reduces the deductibility of retiree health care costs to the extent of federal subsidies received by plan sponsors that provide retiree prescription drug benefits equivalent to Medicare Part D coverage, beginning in 2013.  Based on this provision, Xcel Energy became subject to additional taxes and was required to reverse previously recorded tax benefits in the period of enactment.  Xcel Energy expensed approximately $17 million of previously recognized tax benefits relating to Medicare Part D subsidies during the first quarter of 2010.  Xcel Energy does not expect the $17 million of additional tax expense to recur in future periods.

Federal Audit - Xcel Energy files a consolidated federal income tax return.  The statute of limitations applicable to Xcel Energy's 2007 federal income tax return expired in September 2011.  The statute of limitations applicable to Xcel Energy's 2008 federal income tax return expires in September 2012.  The IRS commenced an examination of tax years 2008 and 2009 in the third quarter of 2010.   In December 2011, Xcel Energy finalized the Revenue Agent Report and signed the Waiver of Assessment for tax years 2008 and 2009.  The total assessment for these tax years was $1.4 million, including tax and interest.

State Audits - Xcel Energy files consolidated state tax returns based on income in its major operating jurisdictions of Colorado, Minnesota, Texas, and Wisconsin, and various other state income-based tax returns.  As of Dec. 31, 2011, Xcel Energy's earliest open tax years that are subject to examination by state taxing authorities in its major operating jurisdictions were as follows:
 
State Year 
Colorado 2006 
Minnesota 2007 
Texas 2007 
Wisconsin 2007 
 
As of Dec. 31, 2011, there were no state income tax audits in progress. 

Unrecognized Tax Benefits -The unrecognized tax benefit balance includes permanent tax positions, which if recognized would affect the annual ETR.  In addition, the unrecognized tax benefit balance includes temporary tax positions for which the ultimate deductibility is highly certain but for which there is uncertainty about the timing of such deductibility.  A change in the period of deductibility would not affect the ETR but would accelerate the payment of cash to the taxing authority to an earlier period.

A reconciliation of the amount of unrecognized tax benefit is as follows:
 
(Millions of Dollars)
 
Dec. 31, 2011
  
Dec. 31, 2010
 
Unrecognized tax benefit - Permanent tax positions
 $4.3  $5.9 
Unrecognized tax benefit - Temporary tax positions
  30.4   34.6 
Unrecognized tax benefit balance
 $34.7  $40.5 

A reconciliation of the beginning and ending amount of unrecognized tax benefit is as follows:

(Millions of Dollars)
 
2011
  
2010
  
2009
 
Balance at Jan. 1
 $40.5  $30.3  $42.1 
Additions based on tax positions related to the current year - continuing operations
  11.9   13.4   12.6 
Reductions based on tax positions related to the current year - continuing operations
  (1.9)  (0.6)  (1.8)
Additions for tax positions of prior years - continuing operations
  14.0   5.5   6.8 
Reductions for tax positions of prior years - continuing operations
  (2.4)  (1.8)  (2.3)
Reductions for tax positions of prior years - discontinued operations
  -   (6.3)  - 
Settlements with taxing authorities - continuing operations
  (27.3)  -   (27.1)
Lapse of applicable statutes of limitations - continuing operations
  (0.1)  -   - 
Balance at Dec. 31
 $34.7  $40.5  $30.3 

The unrecognized tax benefit amounts were reduced by the tax benefits associated with NOL and tax credit carryforwards.  The amounts of tax benefits associated with NOL and tax credit carryfowards are as follows:

(Millions of Dollars)
 
Dec. 31, 2011
  
Dec. 31, 2010
 
NOL and tax credit carryforwards
 $(33.6) $(38.0)
 
The decrease in the unrecognized tax benefit balance of $5.8 million in 2011 was due to the resolution of certain federal audit matters, partially offset by an increase due to the addition of uncertain tax positions related to current and prior years' activity.  Xcel Energy's amount of unrecognized tax benefits could change in the next 12 months as the IRS and state audits resume.  At this time, due to the uncertain nature of the audit process, it is not reasonably possible to estimate an overall range of possible change.  However, Xcel Energy does not anticipate total unrecognized tax benefits will significantly change within the next 12 months.

The payable for interest related to unrecognized tax benefits is substantially offset by the interest benefit associated with NOL and tax credit carryforwards.  A reconciliation of the beginning and ending amount of the payable for interest related to unrecognized tax benefits reported is as follows:

(Millions of Dollars)
 
2011
  
2010
  
2009
 
Payable for interest related to unrecognized tax benefits at Jan. 1
 $(0.3) $(0.2) $(0.4)
Interest income (expense) related to unrecognized tax benefits - continuing operations
  0.9   (0.6)  1.5 
Interest (expense) income related to unrecognized tax benefits - discontinued operations
  (0.8)  0.5   (1.3)
Payable for interest related to unrecognized tax benefits at Dec. 31
 $(0.2) $(0.3) $(0.2)
 
No amounts were accrued for penalties related to unrecognized tax benefits as of Dec. 31, 2011, 2010 or 2009.

Other Income Tax Matters - NOL amounts represent the amount of the tax loss that is carried forward and tax credits represent the deferred tax asset.  NOL and tax credit carryforwards as of Dec. 31 were as follows:

(Millions of Dollars)
 
2011
  
2010
 
Federal NOL carryforward
 $1,710  $989 
Federal tax credit carryforwards
  232   205 
State NOL carryforwards
  1,707   1,363 
Valuation allowances for state NOL carryforwards
  (51)  (32)
State tax credit carryforwards, net of federal detriment (a)
  22   21 
Valuation allowances for state tax credit carryforwards, net of federal benefit
  (2)  - 

(a)
State tax credit carryforwards are net of federal detriment of $12 million and $11 million as of Dec. 31, 2011 and 2010, respectively.

The federal carryforward periods expire between 2021 and 2031.  The state carryforward periods expire between 2012 and 2031.

Total income tax expense from continuing operations differs from the amount computed by applying the statutory federal income tax rate to income before income tax expense.  The following reconciles such differences for the years ending Dec. 31:

   
2011
  
2010
  
2009
 
Federal statutory rate
  35.0 %  35.0 %  35.0 %
Increases (decreases) in tax from:
            
State income taxes, net of federal income tax benefit
  4.2   3.9   4.0 
Resolution of income tax audits and other
  0.3   0.6   0.8 
Tax credits recognized, net of federal income tax expense
  (2.6)  (1.8)  (2.0)
Regulatory differences - utility plant items
  (0.8)  (1.1)  (2.0)
Change in unrecognized tax benefits
  (0.1)  0.1   (0.5)
Life insurance policies
  (0.1)  (0.8)  (0.2)
Previously recognized Medicare Part D subsidies
  -   1.4   - 
Other, net
  (0.1)  (0.6)  - 
Effective income tax rate from continuing operations
  35.8 %  36.7 %  35.1 %

The components of Xcel Energy's income tax expense for the years ending Dec. 31 were:

(Thousands of Dollars)
 
2011
  
2010
  
2009
 
Current federal tax expense (benefit)
 $3,399  $16,657  $(39,886)
Current state tax expense
  9,971   12,580   8,672 
Current change in unrecognized tax benefit
  (8,266)  (2,982)  (7,627)
Current tax credits
  -   (944)  - 
Deferred federal tax expense
  410,794   376,073   360,252 
Deferred state tax expense
  80,670   52,543   69,947 
Deferred change in unrecognized tax expense
  6,705   4,641   2,387 
Deferred tax credits
  (28,763)  (15,580)  (16,005)
Deferred investment tax credits
  (6,194)  (6,353)  (6,426)
Total income tax expense from continuing operations
 $468,316  $436,635  $371,314 
 
The components of Xcel Energy's net deferred tax liability (current and noncurrent) at Dec. 31 were as follows:

(Thousands of Dollars)
 
2011
  
2010
 
Deferred tax liabilities:
      
Differences between book and tax bases of property
 $4,558,951  $3,853,425 
Regulatory assets
  253,162   242,760 
Other
  279,162   219,035 
Total deferred tax liabilities
 $5,091,275  $4,315,220 
          
Deferred tax assets:
        
NOL carryforward
 $696,435  $425,620 
Tax credit carryforward
  254,157   226,057 
Unbilled revenue - fuel costs
  73,912   69,358 
Environmental remediation
  45,551   41,696 
Rate refund
  37,443   8,971 
Deferred investment tax credits
  37,425   39,916 
Regulatory liabilities
  37,012   51,600 
Accrued liabilities and other
  73,092   58,891 
NOL and tax credit valuation allowances
  (5,683)  (1,927)
Total deferred tax assets
 $1,249,344  $920,182 
Net deferred tax liability
 $3,841,931  $3,395,038